Man accused of enticing a minor found incompetent to stand trial

CEDAR CITY – A 5th District Court judge ordered 23-year-old Christopher Lee Carver to be placed under the jurisdiction of Department of Human Services after two psychiatrists found he was incompetent to stand trial.

Carver is facing three counts of enticing a minor, all second-degree felonies, and one count of attempted exploitation of a minor, a third-degree felony.

Judge Keith Barnes ordered Carver to be placed under the jurisdiction of DHS in order to have the agency provide him with services for competency restoration.

Generally, defendants are placed in the care of the Utah State Hospital for similar types of services, but in this case, Barnes suggested Carver receive help from the Division of Services for People with Disabilities.

Defense attorney Jack Burns said this alternative was proposed because Carver is mentally challenged.

“He has a mental capacity of a 7-year-old,” Burns said. “He is not mentally a 23-year-old man.”

Iron County Sheriff’s deputy Sgt. Nik Johnson said he was not aware that Carver was mentally challenged.

“There was nothing we saw while investigating this case that led us to believe he (Carver) was mentally challenged,” Johnson said.

There is typically a waiting list of six to seven years for clients to get into any DSPD programs, but because this is a criminal case, it’s likely that time period will be shortened, Burns said.

While Barnes suggested Carver be placed into the care of DSPD, there is still a possibility he may go into the Utah State Mental Hospital.

There is also a waiting list there of three to four months, officials said.

“It’s not likely, though, he’ll be placed in the Utah State Hospital,” Burns said. “I’m almost positive he’ll go into the care of DSPD.”

Once placed into a program, Carver will be evaluated again in 90 days, at which time psychiatrists will find one of three things; they will determine he is:

• Competent and ready to stand trial.

• Still incompetent but able to be restored to stand trial.

• Still incompetent with no chance of restoration.

The third finding would mean he is not prosecutable, so the case would be dismissed, Burns said.

“This all falls under the competency laws,” Burns said.

While waiting to receive competency restoration services, Carver was released from jail into the custody of his family.

The judge restricted him from using the Internet and issued a 10 p.m. curfew.

Carver was arrested July 9, after deputies allegedly intercepted several online chats where he was inappropriately talking to a female even after she had identified herself as 13 years old.

Charging documents indicated several online conversations where Carver allegedly detailed what he sexually wanted from the girl.

Follow Tracie Sullivan on Twitter @tracie_sullivan and Facebook at www.facebook.com/traciesullivan.